Item Q7 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2014 Division: County Administrator
Bulk Item: X No Department: Sustainability
Staff Contact/Phone#: Rhonda Haag,453-8774
AGENDA ITEM WORDING: Approval to enter into an Agreement with Alejandro and Betsy
Fernandez for $10,000 for a temporary grant of easement and right of entry for use of their property
located at 11 Pigeon Drive in Key Largo, during construction of the canal backfilling water quality
improvement demonstration project at Canal 1#29, Sexton Cove, Key Largo.
ITEM BACKGROUND: The Fernandez lot is the sole vacant lot on Canal #29, and is needed for a
construction staging area and associated work for the canal backfilling project. The lot will be used to
temporarily place fill material on from approximately 20 trucks per day for a period of 90 calendar
days. A conveyor will also be placed on the property to transport the fill material from the lot to a
barge located in the canal. The fill material will be transported to the barge to avoid storage of material
on the lot. The County's contractor to be hired will remove the homeowner's fence during the
construction period, install a temporary construction fence for safety, and replace the homeowner's
fence after completion of the project. The value of the property use for this temporary grant of
easement and right of entry to the County is $2,500/month over a 4 month period. Other potential
staging areas on the canal are smaller(i.e. driveways) and have more problematic access.
As an alternate, locating the staging area away from the canal is not a cost effective option, as the fill
material would then need to be barged to the canal from an offsite location. The expense of barging it
to the site would greatly exceed the $10,000 homeowner property use fee. FKNMS regulatory staff had
also requested an alternate means be used to avoid disruption of marine life in Sanctuary waters.
PREVIOUS RELEVANT BOCC ACTION:
None
BOCC Actions related to other related Canal Items:
1. 03-21-12: Approval and authorization of a Grant from FDEP to fund Phase I of the Canal Management
Master Plan and also authorized execution of a task order with AMEC under the on-call professional
engineering services contract to develop Phase 1.
2. 06-20-12: Approval of the grant application submitted to EPA,which requested$100,000 in grant funds and
specified a$10,000 match of in-kind services.
3. 09-19,-12:Approval of a$100,000 EPA grant that funded Phase 2 of the Canal Master Plan.
4. 11-20-12: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the on-call
professional engineering services contract to develop Ph. 2 of a county-wide Canal Improvements Master
Plan.
5. 02-20-13: Approval of a FDEP Grant S0640 providing$100,000 of funding of work to perform bathymetric
surveys and also approved a$100,000 Task Order with AMEC to perform the bathymetric work.
6. 03-20-13: Approval of$5 million for the canal restoration demonstration projects.
7. 05-15-13: Approval of a $37,725 contract with AMEC to select the demonstration projects, as a result of a
request for quotes.
8. 08-21-13:Provided direction on the selection process for use in selecting the top 15 canal restoration
projects,and the final 5 demonstration projects.
9. 09-17-13: Approval of a time extension to the AMEC contract for selection of the demo projects.
10. 10-16-13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects, and a 90 day
limitation on the homeowner approval period.
11. 12-11-13: Approval of the 7'h demonstration canal.
12. 12-11-13: Approval to advertise an RJFQ for the design and permitting of the canal demo projects
13. 02-19-14:Approval to negotiate a contract for the design and permitting of the canal demo projects.
14. 05-21-14: Approval of contract with AMEC to design the demonstration Canals.
15. 09-17-14 Approval of Amendment#1 to the AMEC design contract for additional construction support
services for the culvert at Canal#472 on Geiger Key,as funded by DER
16. 9-17-14 Approval to advertise a Request for Bids for the construction and installation of a culvert on Canal
#472 on Geiger Key, the 3d ranked demonstration canal project for culvert installation per the Canal
Management Master Plan.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $10,000 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: -N/A
COST TO COUNTY: 1$10,000 SOURCE OF FUNDS: Canal Funds
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty �
�A� OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM No. CAD#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Alex & Betsy Fernandez Contract#
Effective Date: November 18, 2014
Expiration Date: May 31,2014
Contract Purpose/Description:
This Agreement authorizes the use of property located at 11 Pigeon Drive in Key
Largo, owned by Alejandro and Betsy Fernandez for a construction staging area and
associated work during the backfilling of Canal#29 in Sexton Cove, which is a part of the
Count "s canal demonstration program.
Contract Manager: Rhonda Haag 8774 CAD M.S. #26
(Name) (Ext.) (Department/Stop#)
for BOCC meetin on 11/18/14 A enda Deadline: 11/04/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,000 Current Year Portion: $ 10,000
Budgeted? Yes® No 0 Account Codes: 304-23000-560630-PE1302-530340
Grant: $ $ - - -
County Match: $ $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e .maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[] No❑
Risk Management Yes❑ No❑
O.M.B./Purchasing Yes[:] No[:]
y y 1 Yes[:] A
Count Attorne "°�°`
Comments:
OMB Form Revised 2/27/01 MCP#2
HOLD HARI♦ILESS/MAINTENANCE AGREEMENT BETWEEN
MONROE COUNTY,
FLORIDA
AND
ALEJANDRO AND BETSY FERNANDEZ
REGARDING THE
CANAL#29 BACKFILLING PROJECT
THIS AGREEMENT(the "A6neement") is made and entered into by Monroe County„
Florida, a political subdivision of the State of Florida(the "County"), whose address is 1 100
Simonton Street, The Gato Building, Room 205, Key West, FL 33040 and Alejandro and
Betsy Fernandez (the "Property Owners"), whose home address is 8830 NW 176 lane,
Miami FL 33018.
WHEREAS, the Property Owner owns that certain real property located at I I Pigeon
Drive, Key Largo. FL 33037, whose Parcel Identification Number is 532701.0328, which
property abuts that body of water commonly known Canal #29 (the "Canal") more
specifically identified in Exhibit "A" attached hereto and incorporated herein (the
"Property");and
WHEREAS, the County is not under any obligation to dredge, till, or maintain the
Canal in any way; and
WHEREAS, the Property Owners. whose property abuts the Canal, have agreed to
assist the County with this demonstration backfilling project to aid in the improvement of
water quality within the Canal(the"Backfilling Project");and
WHEREAS, as part of the Backfilling Project, the County will utilize the Property to
store backfill material and equipment, and will make other modifications as required or
allowed by permit, for a period of up to 120 days or until the project is completed following
placement of initial backfill material, more specifically identified on Exhibit "B" attached
hereto and incorporated herein;and
WHEREAS, the County has obtained the requisite permits necessary for construction
of the project;and
WHEREAS, the Property Owners, whose property abuts the Canal is aware of the
potential danger to their property, the existing shoreline, docks, seawalls, trees and other
collateral damage which may not be readily apparent or which may not manifest itself until
long after the Backfilling Project is completed:and
11 pa;;t.,
WHEREAS, in spite of the inherent risks the Property Owners has requested the
Backfilling Project go forward. The Property Owners, in exchange for the County's agreement
to compensate the Property Owners, agrees to hold the County harmless, now and forever.
from any liability related to the Backfilling Project performed within and about the Canal.
NOW. THEREFORE, for and in consideration as set out below and other mutual
covenants herein provided and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged,the Parties hereby agree as follows:
1. Consideration for this Agreement shall be a sum not to exceed Ten Thousand
Dollars ($10,000.00), which shall be paid in the amount of Two Thousand Five. Hundred
Dollars ($2,500.00) per month for four months. If the project is completed in less than four
months the final payment shall be the remainder of the Ten Thousand Dollars remaining
unpaid. The first payment shall be paid to the Property Owner in the first month after the
Notice to Proceed is issued by the County to the contractor. Payment is in arrears. Should the
County terminate this Agreement, the Property Owners will be paid for those months that the
property was actually used up until termination, any portion of a month used by the County
will be prorated and payment will be made for that portion of a month; however the Property
Owners will not be paid the full Ten`Thousand Dollars unless the entire 120 days are used by
the County.
2. Property Owners shall release, indemnify.defend (with counsel acceptable to the
County)and hold harmless the County, their officials, agents, and employees from and against
any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses
(including but not limited to attorneys' fees, paralegals' fees, consultants' fees and costs at all
administrative, pretrial, trial and appellate levels) of any kind or nature whatsoever arising out
of or related in any way to the County's backfilling of the Canal for water quality improvement
purposes, including without limitation all claims relating to injury to persons (including death)
or to property. The Property Owners acknowledge that their willingness to provide the above
indemnities was a specifically bargained for provision of this Agreement and that specific
consideration was provided for their respective above indemnities and the County
acknowledges that the willingness of the Property Owners, respectively, to provide the above
indemnities was a material factor in the County's willingness to provide improvements to the
Canal.This provision survives the termination of this Agreement.
3. During the Backfilling Project, fill material will be placed on the subject
property using heavy equipment and will be transported from the property by a conveyor
system to the canal. Specifically,work to be performed on the property is identified on Exhibit
"B". The Property Owners, for and in consideration of the mutual covenants previously
acknowledged, and of the benefits accruing to Property Owners by the placement of rill
material and equipment as referenced above, hereby grants and conveys to the County, its
agents and assigns, a temporary construction easement and right of entry, attached hereto and
made a part hereof as Exhibit "C" over the Property to access and construct the Backfilling
Project as identified in Exhibit "B." This easement shall expire upon the completion of the
construction of the Backfilling Project.
2 1 P I �, L
4. The County will remove and store the existing fence on the Property, as
necessary, and will erect a construction fence for the duration of the Backfilling Project. Once
the Backfilling Project is complete, the County will replace the Property Owners' original
Fence and property to its original or better condition which includes re-grading and re-sodding
of disturbed areas.
5. The Property Owners, in consideration of the mutual covenants previously
acknowledged, hereby grants and conveys to the County,an Easement and Right of Iryntry over
the Property and Canal, for the purpose set forth in this Agreement, said might of Entry given
to the County and their assigns for a period not to exceed six (6) months from the date the
Notice to Proceed is issued to the contractor.
6. The County may terminate this Agreement at any time upon written notice to
the Property Owner. Accordingly,based upon the mutual covenants contained herein, Property
Owners may not terminate this Agreement. The indemnification, defense, and hold harmless
provisions contained herein shall survive termination and shall remain in full force and effect
with regard to any and all claims, suits, judgments, demands, liabilities, damages, cost and
expenses which may arise now or in the future that are determined to be a result of the
Backfilling Project.
IN WITNESS WHEREOF, the parties have executed this Agreement on this. day of
Ft err , 2014.
ATTEST: MONROE COUNTY,FLORIDA
Clerk of Courts Board of County Commissioners
By:.....
Mayor
1
WIT By: Betsy Fer Jid Property Owner
A a Betsy Fernandez:
By:
Date:
Print Witness ame
Date:/ - By: L&6
Alejandro F an ez, Property Owner
Date: // 9 o,Cf
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of Of, by Betsy
Fernandez and Alejandro Fernandez,owners of the property listed ve. Who individually are
personal +n to me or individually have produced their ___ r9- as identification.
of Mary Public __Commission No
My commission expires I&CMUMMIFF01,03
Pr Notary Name or Stamp EVIHE&Maya,2Dir
8oadmd»nBVeryF
MONROE COUNTY ATTOR, rY
ROVED AS TO F MX
3 1 P NA ILEENE W CA EL
ASSISTANT COUNTY ATTORNEY
Date
Exhibit"C
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
l
On this day of A��dEH�!�� ,we,Alejandro and Betsy Fernandez("Owners'). in
consideration of the benefits accruing to its,do hereby give, grant, bargain, and release to
MONROE COUNTY ("County"), a political subdivision of the State of Florida this Temporary
Grant of Easement and Right of Entry under, over, across and upon the property described as
Lot 43, in Block 11,of SEXTON COVE ESTATE,according to the Plat thereof, as recorded in
Plat Book 6, Page 30,of the Public Records of Monroe County Florida.
1. The Owners do hereby state that they have sufficient authority and title to grant this
easement and right of entry.
2. Owners agree that the property may be used during the County's Backfilling Project, till
material will be placed on the subject property using heavy equipment and will be
transported from the property by a conveyor system to the canal. The Proposed Work to
be performed on the property is generally identified on Exhibit"B"as Proposed
Construction Activities;however Owner agrees that this is not a complete list of
equipment that may be required to accomplish the work and agrees that the amount and
type of equipment is to be determined by County in its sole discretion.
3. All work on the Property shall be accomplished under permits acquired by the COUNTY
or its agents.
4. Owners shall furnish and maintain the easement area free of any obstruction and shall
not construct, place, or allow the placing or construction of any obstruction which would
interfere with County's safe or proper installation,operation,maintenance, inspection, or
staging and use of equipment located in the easement area.
S. Owners affirm that the Property is,on the date of execution of this document,vacant land
and contains no obstruction to the Proposed Work,other than those listed in paragraph 6
below,contemplated in this Easement.Any obstruction to the safe or proper operation,
maintenance,or staging of equipment located on the land at the beginning of the
Project or during the Project not placed on the land by the County or its
agents, may be removed by the County at Owner's expense. The Authority shall notify
Owner of any such obstruction prior to any action in this regard and allow Owner
time to remove obstruction, except for emergency conditions during which the County
may require immediate,unobstructed access to the Facilities.
6. The County will remove and store the existing fence on the Property,as necessary,and
will erect a construction fence for the duration of the Backfilling Project. Once the
Backfilling Project is complete,the County will replace the Property Owner's original
fence and property to its original or better condition which includes re-grading and re-
sodding of disturbed areas.
7. 1 his temporary Easement and Right of Entry will expire one year after the signing of
this agreement or upon Termination of the Hold Harmless/Maintenance Agreement or
upon completion of backfiiling activities, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
ATTEST: MONROE COUNTY,FLORIDA
Clerk of Courts Board of County Commissioners
By:__....
Mayor
WIT S By: Betsy�e napd ropprty Owner
Al ' a etsy Fernandez: {
By.
Wi ss Date: r'
Print Witness Name
Date: � .' y� Bv:
Aleja dron Ferna� z, ro erty Owner
Date: 1144
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this r... day of by Betsy
Fernandez and Alejandro Fernandez,owners of the property lsted abo a Who individually are
perso known to me or individually have produced their , ° _as identification.
a.�
Si �lotary Public
Commission No.
C. c. .c ,v>i9 a- M commission expires,.. � � y p E.
P nt Notary Name or WEVIRwES: �k 2DtI
Stamp &MW7N" u +
MONROE COUNTY ATTORNE
pRROVED AS TO F Y
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AS
e,. SIS gNr7EN ASSEL
Date_,, COUNTY gnORNEY